People v. Nava CA4/3

Filed 2/10/15 P. v. Nava CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050151

v. (Super. Ct. No. 96SF0726)

ORLANDO NAVA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Orlando Nava pled guilty to three counts—driving under the influence of alcohol, driving under the influence of alcohol with a blood alcohol level of 0.08 percent or more, and possession of a controlled substance. More than 17 years after his guilty plea, defendant filed a motion to vacate his conviction, which was denied by the trial court. Defendant’s request for a certificate of probable cause was granted by the trial court, and defendant appeals from the denial of his motion to vacate. We appointed counsel to represent defendant on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), setting forth the facts of the case, raising no issues, and requesting that we independently review the entire record. We provided defendant 30 days to file written argument on his own behalf. The time for filing a supplemental brief has passed, and no written argument has been filed by defendant. We have examined the entire record and appointed appellate counsel’s Wende/Anders brief; we find no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.